Second, to get him out of jail, there is not one specific thing you can or should do. It all depends on the facts of his case, his criminal history, and what the DA is offering.

TexCrimLawyer, J.D. :

Then he needs to ask the court to appoint one for him. He has a right to a lawyer, even if he can't afford one.

TexCrimLawyer, J.D. :

He needs to contact the court and request a court appointed lawyer.

Customer:

He had a court appointed attorney and he was given probation - this was on August 20, 2012 and has not been relesed yet.

TexCrimLawyer, J.D. :

So, he's already pled and been sentenced? Does he have any other charges pending?

Customer:

No

TexCrimLawyer, J.D. :

There is no reason he has not been released, unless he was just lost in the system. The best thing he can do at this point is one of two things:

Customer:

What two things?

TexCrimLawyer, J.D. :

First, he can contact his probation officer. They should be able to contact the jail and the judge to get him released. Second, he can file what's known as a writ of habeus corpus in the district court that sentenced him. That is basically a motion that asks that he is brought to court, and then the court order that he's released.

TexCrimLawyer, J.D. :

I'd try to go through the probation officer first. If that doesn't work, file the writ. If you want to go the writ route, I'd suggest you contact the public defender that originally represented him.

TexCrimLawyer, J.D. :

If you can't get that person to call you back, and you have to do it yourself, all you need to do is file a motion, explain that he's been sentenced (include the sentencing date), that he was sentenced to probation, and that he has not been released. At the end, ask the judge to order his release so he can begin serving his probation.

Customer:

I am the person who will be doing the contacting because the jail will help him with nothing he said. How do I file a motion? or does he

TexCrimLawyer, J.D. :

You can physically file if for him, but his name needs to be on it. If you want something to look at to help you get the form, go to the district clerk and ask to see his case file. They will let you copy anything out of it. After you write it for him, go back to the district clerk and tell them you want to file your motion. They will take it from there. Also, when you file your motion, you need to get a copy to the DA's office, too. You can fax it, mail it, or bring it to them.

TexCrimLawyer, J.D. :

Do you have any other questions?

Customer:

Yes, I am just writing down what I need to do. I am here in Montana and you are saying that I have to physically file for him?

TexCrimLawyer, J.D. :

They may have e-filing. You can just call the district clerk and ask them. You will be able to access this chat after it is over, so you don't need to write it down. You just go to your account.

Customer:

Thank you for your help - I did not want to forget anything along the way. This is not my expertise and thank your again for your help!!!

TexCrimLawyer, J.D. :

Glad to help. If I can't do anything else for you, please remember to "rate" my answer. Good luck!

TexCrimLawyer, J.D. :

Also, if you have any questions in the future, you can direct them to my by putting "this question is for TexLawyer" in the title.

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. TonyApopka, FL

Meet The Experts:

Ely

Counselor at Law

Satisfied Customers:

2679

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ask a Criminal Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

65 Criminal Lawyers are Online Now

Type Your Criminal Law Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).